The
Deferred Action for Childhood Arrivals ("DACA") program is different
the lives of many young undocumented immigrants in america.
Approximately 700,000 everyone has been granted DACA since President
Obama created the enter in the summertime of 2012. However, as DACA
holders know, the advantages are certainly not permanent. After proving
one meets the requirements-continuous physical presence since 2007,
entry prior to the age 16, maximum age younger than 36, finishing of or
progress towards a senior high school diploma, no significant criminal
record-he or they must connect with renew their DACA every two years. A
DACA renewal may be denied for several criminal activity or unauthorized
travel beyond your U.S., every renewal costs around $500 in filing fees
alone.

Because of this, among others, DACA isn't ideal solution.
Many immigrant rights' advocates push for passage from the DREAM Act-a
proposal that will give permanent legal resident status to DACA eligible
young people.

For sure DACA holders, however, permanent legal
residency might be more than simply dream. For DACA holders with a U.S.
citizen spouse or at best one U.S. citizen parent or step-parent, the
DACA program may open the doorway to permanent legal residency with no
act of Congress.

Exactly why most undocumented immigrants cannot
legalize their status through their close American relatives could be
the "ten-year bar," a provision through the 1996 Illegal Immigration
Reform and Immigrant Responsibility Act which prohibits those who have
lived without status within the U.S. in excess of 12 months from
entering the country legally for Ten years. Within the law, people who
entered the U.S. illegally cannot submit an application for their
residency inside the U.S. but must apply with the U.S. consulate of
their home country. But as a result of ten-year bar, leaving the U.S. to
go to the consulate in one's home country equals a ten-year
self-deportation. One of the ways throughout the 10-year bar may be the
"provisional waiver," a difficult and frequently expensive method that
many will not be able to win.

Nevertheless for DACA holders, a
simply choice is available: Advance Parole or "the travel permit." On
account of an appeals court decision in 2012 that decided travel outside
the U.S. under pre-approved "Advance Parole" won't equal a "departure"
for purposes of triggering the 10-year bar, individual who obtains DACA,
receives their travel permit, leaves the U.S., and after that reenters
legally using their travel permit will have the "legal entry" had to
submit an application for permanent resident status inside the U.S.
devoid of the provisional waiver. Considered a "legal loophole," the
DACA to safely move Parole to Permanent Legal Resident is often a
proven, reliable, and efficient solution for many DACA holders.

While
the most practical answer will be for Congress to pass legislation to
present legal permanent residency to all or any in the hardworking, law
abiding immigrants who reside in the U.S. without papers, for DACA
holders with U.S. citizen spouses or other certain close relatives,
permanent resident status might be closer than ever.

About us:
Charlotte Immigration Law practice can be a boutique legal practice
focusing exclusively around immigration and nationality law. Opened last
year, the Firm handles a full selection of immigration matters,
including employment and family based immigration petitions, removal
defense, and appeals. Our immigration attorneys in Charlotte
and legal staff help aspiring Americans, their families, as well as
their employers navigate the reasons of U.S. immigration law. We
represent our clients before U.S. Citizenship and Immigration Services
("USCIS"), the Executive Office for Immigration Review ("EOIR" or
"Immigration Court"), the Board of Immigration Appeals ("BIA"), and
consular posts around the globe.

If you need assistance with
any immigration matter, please contact one of our immigration attorneys
in Charlotte. Our immigration attorneys in Charlotte provide business
immigration advice and representation locally and worldwide.